(A) The system development charge is payable upon issuance of:
(1) A building or construction permit of any kind, including any permit or permits issued in connection with the set-up or installation of any trailer, mobile or manufactured home;
(2) A development permit;
(3) A development permit for development not requiring the issuance of a building permit;
(4) A permit to connect to the water system;
(5) A permit to connect to the sanitary sewer system;
(6) A permit to connect to the drainage and flood control system; or
(7) A permit to connect to the transportation system.
(B) If development is commenced or connection is made to the water, sanitary sewer, drainage and flood control or transportation systems without an appropriate permit, the system development charge is immediately payable upon the earliest date that a permit was required.
(C) The City Manager or his or her designee shall collect the applicable system development charge from the person responsible for or receiving the benefit of the development in accordance with division (A) above. The City Manager or his or her designee shall not issue such permit or allow such connection until the charge has been paid in full, or unless an exemption is granted pursuant to § 52.084, or unless arrangements for payment of the charge, under such terms as the City Manager deems reasonable, have been made, pursuant to division (D) below.
(D) The obligation to pay the unpaid system development charge and interest thereon shall be secured by property, bond, deposits, letter of credit or other security acceptable to the City Manager. The net value of security accepted, excluding liens and encumbrances thereon, must be at least double the amount of the system development charge secured thereby.
(E) If the system development charge is not paid upon issuance of the applicable permit, and the applicant chooses to pay the charge in installments and secure the obligation with security acceptable under division (D) above, then there shall be added to the amount owing the following:
(1) Interest on the obligation at the rate established by the City Council for all unpaid assessments;
(2) All costs associated with processing the particular form of security, such as title insurance, escrow fees, recording costs, collection escrow costs and/or any other expense associated with the city accepting such security;
(3) Any and all costs, as determined by the City Manager or his or her designee, incurred in establishing payment schedules and administering the collections process;
(4) When the charge is secured by bond pursuant to O.R.S. 223.205 through 223.295, any and all costs associated with administering the bond assessment program and issuing the bonds, as determined by the City Manager or his or her designee; and
(5) The intent of this division (E) is to recognize that the payment of a system development charge by installments increases the administrative expense to the city. It is the intent of this division to shift that added expense to the applicant, so that the city will not lose system development charge revenue by accepting installment payments on such charges. Subject to the provisions of this division (E), all costs added to the system development charge will be determined by the City Manager.
(F) No person may connect to the water or sewer systems of the city unless the appropriate system development charge has been paid or the installment payment method has been applied for and approved.
(Prior Code, § 52.083) (Ord. 1272, passed 12-19-2012)